APPOINTMENT OF A CONTRACTOR FOR THE INSTALLATION OF 9615m FOR PHASE 3 LAINGSBURG COMMONAGE BORDERLINE FENCE, SITUATED IN LAINGSBURG LOCAL MUNICIPALITY IN THE WESTERN CAPE PROVINCE
A Tender for Category 3SQ or higher CIDB Registered Contractors
The stipulated minimum threshold(s) for local production and content for this bid is/are as follows:
Description of services, works or goods Stipulated minimum threshold Steel Value-added Products:
• Wire Products and fabricated steel 100%
Cement Sector
• Cement 100%
Name of Tenderer :___________________________________________________
Name of duly authorised person :___________________________________________________
Address :___________________________________________________
Tel. Number : __________________________________________________
Cell number :___________________________________________________
Fax number :___________________________________________________
E-mail :___________________________________________________
Receipt number : __________________________________________________
Amount Offered (15% VAT incl.) :___________________________________________________
B-BBEE Status :___________________________________________________
Duration (Months) : __________________________________________________
ISSUED BY:
PREPARED BY:
Director: Finance and Supply Chain Management Services Director: Rural Infrastructure Development
Department of Agriculture, Land Reform and Rural Development
Department of Agriculture, Land Reform and Rural Development
Private Bag X9159, CAPE TOWN
Private Bag X9159 CAPE TOWN
8000 8000
Tel: (021) 409 0300 Tel: (021) 409 0300
Fax: (021) 487 8330 Fax: (021) 487 8330
THE TENDER for the
APPOINTMENT OF A CONTRACTOR FOR THE INSTALLATION OF 9615m FOR PHASE 3 LAINGSBURG COMMONAGE BORDERLINE FENCE, SITUATED IN LAINGSBURG LOCAL MUNICIPALITY IN THE
WESTERN CAPE PROVINCE CLOSING DATE: 14 DECEMBER 2021
CLOSING TIME: 11h00
COMPULSORY SITE INSPECTION:
A compulsory site inspection will be held at the Laingsburg Flood
Museum, Meiring Street, Laingsburg, 6900 in the Western Cape on 06
December 2021 at 11h00, after which the tenderers will be accompanied
to the site for a visual inspection. GPS co-ordinates -32.20260, 20.84422.
SBD 1 PART A
INVITATION TO BID
YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE (NAME OF DEPARTMENT/ PUBLIC ENTITY) BID NUMBER: SSC WC 25 (2021/2022)
DALRRD CLOSING DATE: 14 December 2021 CLOSING TIME: 11:00 AM DESCRIPTION
APPOINTMENT OF A CONTRACTOR FOR THE INSTALLATION OF 9615m FOR PHASE 3 LAINGSBURG COMMONAGE BORDERLINE FENCE, SITUATED IN LAINGSBURG LOCAL MUNICIPALITY IN THE WESTERN CAPE PROVINCE.
BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS) 14 Long Street (Ground Floor, Next to the Security Area)
Cape Town 7441
BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO TECHNICAL ENQUIRIES MAY BE DIRECTED TO:
CONTACT PERSON Lincoln Mathebula CONTACT PERSON Nwabisa Maponyane
TELEPHONE NUMBER 021 409 0523 TELEPHONE NUMBER 021 409 0454
FACSIMILE NUMBER FACSIMILE NUMBER
E-MAIL ADDRESS Lincoln.mathebula@dalrrd.gov.za E-MAIL ADDRESS Nwabisa.maponyane@dalrrd.gov.za SUPPLIER INFORMATION
NAME OF BIDDER POSTAL ADDRESS STREET ADDRESS
TELEPHONE NUMBER CODE NUMBER
CELLPHONE NUMBER
FACSIMILE NUMBER CODE NUMBER
E-MAIL ADDRESS VAT REGISTRATION NUMBER
SUPPLIER
COMPLIANCE STATUS
TAX COMPLIANCE
SYSTEM PIN: OR
CENTRAL SUPPLIER
DATABASE No: MAAA B-BBEE STATUS
LEVEL VERIFICATION CERTIFICATE
TICK APPLICABLE BOX]
Yes No
B-BBEE STATUS LEVEL SWORN
AFFIDAVIT [TICK APPLICABLE BOX]
Yes No [A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/ SWORN AFFIDAVIT (FOR EMES & QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE]
A. ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED?
Yes No [IF YES ENCLOSE PROOF]
B. ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED?
Yes No
[IF YES, ANSWER THE QUESTIONNAIRE BELOW ]
QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS
IS THE ENTITY A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO DOES THE ENTITY HAVE A BRANCH IN THE RSA? YES NO DOES THE ENTITY HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO DOES THE ENTITY HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO IS THE ENTITY LIABLE IN THE RSA FOR ANY FORM OF TAXATION? YES NO IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN IT IS NOT A REQUIREMENT TO REGISTER FOR A TAX COMPLIANCE STATUS SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 BELOW.
1. BID SUBMISSION:
1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR CONSIDERATION.
1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR IN THE MANNER PRESCRIBED IN THE BID DOCUMENT.
1.3. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT, 2000 AND THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER SPECIAL CONDITIONS OF CONTRACT.
1.4. THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7).
2. TAX COMPLIANCE REQUIREMENTS
2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.
2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VERIFY THE TAXPAYER’S PROFILE AND TAX STATUS.
2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) PIN MAY BE MADE VIA E-FILING THROUGH THE SARS WEBSITE WWW.SARS.GOV.ZA.
2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS CERTIFICATE TOGETHER WITH THE BID.
2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE TCS CERTIFICATE / PIN / CSD NUMBER.
2.6 WHERE NO TCS PIN IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.
2.7 NO BIDS WILL BE CONSIDERED FROM PERSONS IN THE SERVICE OF THE STATE, COMPANIES WITH DIRECTORS WHO ARE PERSONS IN THE SERVICE OF THE STATE, OR CLOSE CORPORATIONS WITH MEMBERS PERSONS IN THE SERVICE OF THE STATE.”
NB: FAILURE TO PROVIDE / OR COMPLY WITH ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.
SIGNATURE OF BIDDER:
………
CAPACITY UNDER WHICH THIS BID IS SIGNED:
………
(Proof of authority must be submitted e.g. company resolution) DATE:
………...
ENSURE THAT PRIOR TO SUBMITTING THE TENDER TO THE DEPARTMENT THE FOLLOWING INFORMATION IS COMPLETED AND ATTACHED
CHECK LIST (SM1)
This list is to assist all bidders to submit complete proposals. Bidders are to check the following points before the submission of their proposals: (YES - ✔; NO - ✘)
1 All pages of the document have been read by the contractor and initialled.
2 Any discrepancy and/or misunderstanding is cleared with the relevant officials.
3 All pages requiring information have been completed in black ink.
4 The Schedule of Quantities has been checked for arithmetic correctness.
5 Totals from each sub section of the Schedule of Quantities have been carried forward to the summary page and done so correctly.
6 The total from the summary page has been carried forward to the Form of Offer.
7 Surety details where applicable have been included in the proposal.
8 All sections requiring information have been completed.
9 Bidder ensured that all documents is properly completed and signed 10 The contractor has complied with the proposal prerequisites.
11 Indicate / Attach CRS printout from CIDB (in case of JV, ensure that the lead partner’s as well as JV partners CRS numbers are indicated on the form)
12 Signed Letter of authority on Company Letterhead is attached
13 Attached a Valid Tax Clearance Certificate or provided a Compliance Tax Status Pin of main bidder, JV partner and all sub-contractors
14 Attached a Valid Tax Clearance Certificate or provided a Compliance Tax Status Pin of all sub-contractors
15 B-BBEE Certificate: Submit for Main Bidder, Joint Ventures submit consolidated certificate, all sub-contractors
16 Attended the compulsory meeting
17 Did you Tamper with the document? (Not Allowed) 18 Used correction fluid? (Not allowed)
19 Are mistakes made on the prices and/or form of offer, crossed out in ink and altered on each price (and initialled next to each mistake)?
20 Is the form of offer fully completed and signed by the authorized signatory 21 Local content (SBD 6.2) form is completed and all annexures are completed (if
applicable)
22 Central Supplier Database (CSD) Registration provided of main bidder, JV partner 23 Central Supplier Database (CSD) Registration provided of all sub-contractor 24 Are all addenda issued completed and returned (if applicable)
____________________________________
Signature of Authorized Person
____________________________________
Date
DOCUMENT LAYOUT
SECTION HEADING COLOUR
PART 1: THE TENDER
PART T1 TENDERING PROCEDURES
SECTION T1.1: TENDER NOTICE AND INVITATION TO TENDER SECTION T1.2: TENDER DATA
SECTION T1.2.1: CONDITIONS OF TENDER SECTION T1.2.2: TENDER DATA
SECTION T1.2.3: CIDB STANDARD CONDITIONS OF TENDER
WHITE PINK PINK PINK PART T2 RETURNABLE DOCUMENTS
SECTION T2.1: LIST OF RETURNABLE DOCUMENTS SECTION T2.2: RETURNABLE SCHEDULES
YELLOW YELLOW PART 2: THE CONTRACT
PART C1: AGREEMENT AND CONTRACT DATA
SECTION C1.1: FORM OF OFFER AND ACCEPTANCE SECTION C1.2: CONTRACT DATA
SECTION C1.2.1: EMPLOYER TO CONTRACTOR (EC) SECTION C1.2.2: CONTRACTOR TO EMPLOYER (CE)
SECTION C1.3: PRO-FORMA FORMS (to be completed by successful Tenderer only) SECTION C1.3.1: Construction Guarantee
SECTION C1.3.2: Agreement in terms of OH&S Act No 85 of 1993
SECTION C1.3.3: Authority for Signature to sign Agreement in terms of OH&S Act No 85 of 1993
SECTION C1.3.4: Notification of Construction Work
SECTION C1.3.5: Sample Agreement between Contractor and Community Liaison Officer (CLO)
YELLOW YELLOW YELLOW YELLOW YELLOW YELLOW YELLOW YELLOW
PART C2: PRICING DATA
SECTION C2.1: PRICING INSTRUCTIONS SECTION C2.2: BILLS OF QUANTITIES
YELLOW YELLOW
SECTION HEADING COLOUR
PART 2: THE CONTRACT (continue) PART C3: SCOPE OF WORKS
SECTION C3.1: DESCRIPTION OF WORKS SECTION C3.2: ENGINEERING
SECTION C3.3: PROCUREMENT SECTION C3.4: CONSTRUCTION SECTION C3.5: MANAGEMENT
BLUE BLUE BLUE BLUE BLUE PART C4: SITE INFORMATION
SECTION C4.1: SITE LOCALITY PLAN SECTION C4.2: LOCATION OF THE WORKS
GREEN GREEN PART C5 ANNEXURES
SECTION C5.1: CONSTRUCTION HEALTH AND SAFETY SPECIFICATION SECTION C5.2: ENVIRONMENTAL MANAGEMENT PLAN (EMP)
WHITE WHITE
TABLE OF CONTENTS
PART T1: TENDERING PROCEDURES ... 8
SECTIONT1.1: TENDERNOTICE&INVITATIONTOTENDER ... 9
SECTIONT1.2: TENDERDATA ... 11
PART T2: RETURNABLE DOCUMENTS... 41
SECTIONT2.1: LISTOFRETURNABLEDOCUMENTS ... 42
SECTIONT2.2: RETURNABLESCHEDULES ... 46
PART C1: AGREEMENT AND CONTRACT DATA ... 98
SECTIONC1.1: FORMOFOFFERANDACCEPTANCE ... 99
SECTIONC1.2: CONTRACTDATA(CONDITIONSOFCONTRACT) ... 105
SECTIONC1.3: PRO-FORMAFORMS(TOBECOMPLETEDBYSUCCESSFULTENDERERONLY) ... 113
PART C2: PRICING DATA ... 126
SECTIONC2.1: PRICINGINSTRUCTIONS ... 127
SECTIONC2.2: BILLOFQUANTITIES ... 130
PART C3: SCOPE OF WORK ... 147
SECTIONC3.1:DESCRIPTIONOFTHEWORKS ... 148
SECTIONC3.2:ENGINEERING/DESIGN ... 149
SECTIONC3.3: PROCUREMENT ... 150
SECTIONC3.4: CONSTRUCTION ... 152
SECTIONC3.5: MANAGEMENT ... 162
PARTC4 SITEINFORMATION ... 168
SECTIONC3.6 ANNEXES ... 174
SECTION DESCRIPTION Page
PART T1: TENDERING PROCEDURES ... 8
SECTIONT1.1: TENDERNOTICE&INVITATIONTOTENDER ... 9
SECTIONT1.2: TENDERDATA ... 11
SECTION T1.2.1: CONDITIONS OF TENDER... 11
SECTION T1.2.2: TENDER DATA ... 11
SECTION T1.1: TENDER NOTICE & INVITATION TO TENDER
DESCRIPTION:
*Note: Any reference to words “Bid” or “Bidder” herein and/or in any other documentation shall be constructed to have the same meaning as the words “Tender” or “Tenderer”
Tenders are hereby invited to tender to the Government of the Republic of South Africa (Department of Agriculture Land Reform and Rural Development) for the Tenders for APPOINTMENT OF A CONTRACTOR FOR THE INSTALLATION OF 9615m FOR PHASE 3 LAINGSBURG COMMONAGE BORDERLINE FENCE, SITUATED IN LAINGSBURG LOCAL MUNICIPALITY IN THE WESTERN CAPE PROVINCE.
The 80/20 Preferential Procurement Point Formula as set out in the PPPFA, Act no. 5 of 2000 and its associated Regulations of 2017, will be applied. Where a maximum of Eighty (80) tender adjudication points will be awarded for price and Twenty (20) points will be awarded for preference.
The stipulated minimum threshold(s) for local production and content for this bid is/are as follows:
Description of services, works or goods Stipulated minimum threshold
Steel Value-added Products
• Wire Products and fabricated steel 100%
Cement Sector
• Cement 100%
CONDITIONS:
Only bidders who satisfy the eligibility criteria stated in the Tender Data (Clause F2.1) are eligible to submit tenders.
It is estimated that tenderers should have a CIDB contractor grading as follows: 3SQ or higher The lowest or any tender will not necessarily be accepted, and the Department reserves the right to accept a tender as a whole or in part.
Tenders must remain valid for a period of 90 days after the closing date for the submission of tenders, during which period a tender may not be amended or withdrawn and may be accepted at any time by the Department.
Bids will be opened in public. No late submissions will be considered. Telegraphic, telexed, facsimiled or e-mail submissions will not be accepted. Failure to meet the mandatory requirements required in this Bid will result in the submissions being deemed null and void and shall be considered non-responsive
NOTE: SUBMIT ALL TENDERS ON THE OFFICIAL FORMS – DO NOT RETYPE.
Bid document will be available upon request through email from lincoln.mathebula@dalrrd.gov.za and published on the Departmental website under current tenders as well as the e-tender portal.
Contact SCM:
Lincoln Mathebula
Demand and Acquisition Management Services 14 Long Street | Cape Town
PSSC: Western Cape | Department of Agriculture, Land Reform and Rural Development Tell: +27 021 409 0523
DOCUMENTS CAN BE OBTAINED ON THE DEPARTMENTAL WEBSITE ELECTRONICALLY ISSUED BID DOCUMENTS ARE FREE OF CHARGE.
and
https://www.drdlr.gov.za/sites/Internet/tenders/Pages/Tenders.aspx
NOTE: No telephonic or any other form of communication relating to this bid will be permitted with any other staff by bidders other than with the named individuals stated below.
All enquiries regarding this bid must be directed to:
ENQUIRIES – TECHNICAL RELATED:
Provincial Department of Agriculture Ms Phyllis Pienaar
Tel: (023) 414 9204 Cell: (083) 649 9306
E-mail: phyllisp@elsenburg.com
OR Department: Agriculture, Land Reform and Rural Development
Ms Nwabisa Maponyane Tel: (021) 409 0454
E-mail: nwabisa.maponyane@dalrrd.gov.za
ENQUIRIES – SUPPLY CHAIN MANAGEMENT/TENDER RELATED:
Department of Agriculture Land Reform and Rural Development 14 Long Street
Cape Town 8000
Mr Lincoln Mathebula 14 Long Street Cape Town 8000
Tel: (021) 409 0523
E-mail: Lincoln.Mathebula@dalrrd.gov.za
OR Mr Charles Mamabolo 14 Long Street Cape Town 8000
Tel: (021) 409
E-mail: Charles.Mamabolo@dalrrd.gov.za COMPULSORY SITE INSPECTION:
A compulsory site inspection will be held at the Laingsburg Flood Museum, Meiring Street, Laingsburg, 6900 in the Western Cape on 06 December 2021 at 11h00, after which the tenderers will be accompanied to the site for a visual inspection. GPS co-ordinates -32.20260, 20.84422.
.
TENDERS TO BE DEPOSITED IN:
The original and completed bid document shall be placed in a sealed envelope clearly marked with the tender number, closing date and time and the following description:
APPOINTMENT OF A CONTRACTOR FOR THE INSTALLATION OF 9615m FOR PHASE 3 LAINGSBURG COMMONAGE BORDERLINE FENCE, SITUATED IN LAINGSBURG LOCAL MUNICIPALITY IN THE WESTERN CAPE and must be addressed to:
DIRECTOR: FINANCE AND SUPPLY CHAIN MANAGEMENT SERVICES, DEPARTMENT OF AGRICULTURE, LAND REFORM AND RURAL DEVELOPMENT
Tenders can only be submitted in the Tender Box in CAPE TOWN at:
Department of Agriculture, Land Reform and Rural Development 14 Long Street
CAPE TOWN 8000
The tender box will be closed on 14 December 2021 at 11h00, which is the closing time of the tender.
Tenderers should ensure that tenders are delivered timeously to the correct address.
SECTION T1.2: TENDER DATA
SECTION T1.2.1: CONDITIONS OF TENDER
The Conditions of Tender are the Standard Conditions of Tender July 2015 as contained in Section T1.2.3.
The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the Standard Conditions of Tender.
Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender July 2015 to which it mainly applies.
SECTION T1.2.2: TENDER DATA
The clause numbers in the Tender Data refer to the corresponding clause numbers in the Conditions of Tender.
The additional Conditions of Tender are:
Reference to relevant clauses in Standard Conditions of Tender
Addition or Variation to Standard Condition of Tender
F.1 GENERAL
F.1.1 Actions The Employer is the “Department of Agriculture, Land Reform and Rural Development
”.
The term “bid” in the context of this standard is synonymous with term
“tender”.
F.1.2 Tender Documents
This document (Volume 1) in which are bound the Tendering Procedures, Returnable Documents, Agreements and Contract Data, Pricing Data, Scope of Works, Site Information and Drawings
F.1.3 Interpretation Add the following new clause: “1.3.3”
The tender documents have been drafted in English. The contract arising from the invitation of tender shall be interpreted and construed in English.
F.1.4 Communication and Employer’s Agent:
The Employer’s Agent
is:
Company : Provincial Department of Agriculture
Contact : Ms Phyllis Pienaar Address : 1 Pieter Jacobs Avenue Beaufort West
6970
Tel No. : (023) 414 9204 Cell : (083) 649 9306
Email : phyllisp@elsenburg.com
F.2 TENDERER’S OBLIGATIONS F.2.1 Eligibility
Criteria:
Only those tenderers who satisfy the following eligibility criteria are eligible to submit tenders.
MAIN BIDDER
F.2.1.1 i) Eligibility Only those Tenderers who are registered with the CIDB, or are capable of being so prior to the evaluation of submissions, in a contractor grading designation equal to or higher than a contractor grading designation determined in accordance with the sum tendered for a 3SQ or Higher Class of construction work, are eligible to submit tenders.
Joint ventures are eligible to submit tenders provided that they comply with all three of the following conditions:
1. Every member of a joint venture is registered with the CIDB.
2. The lead partner has a contractor grading designation of not lower than one level below the required grading designation of 3SQ of construction work.
3. The combined contractor grading designation calculated in accordance with the Construction Industry Development Regulations is equal to or higher than a contractor designation determined in accordance with the sum tendered for a 3SQ class of construction work, is eligible to submit tenders.
F.2.1.1 ii) Eligibility Tenderers must have attended the compulsory clarification inspection.
F.2.1.1 iii) a. Eligibility Bidders must be registered on the National Treasury Central Supplier Database and attach a report as proof or write the CSD supplier number or registration number on the space provided on the SBD 1 document.
Where consortium/ joint ventures are involved, each party to the association must submit separate Tax Clearance requirements separate CSD reports or confirm the CSD number on their respective letterhead. (SDB 1 form).
F.2.1.1 iii) b. Eligibility Compliance with all Tax Clearance requirements: Attach a Valid Tax Clearance Certificate/ provide a Compliance Tax Status Pin on the space provided on the SBD 1 form.
Where consortium/ joint ventures are involved, each party to the association must submit separate Tax Clearance requirements.
Where no Tax clearance certificate or pin is available but the bidder is registered on the central supplier database (CSD), a CSD number must be provided on Form SBD 1 as per Clause iii) a.
F.2.1.1 iii) c. Eligibility Where the bidder forms a consortium or joint venture, written Proof of the contract between all parties must be attached.
F.2.1.1 iv) Eligibility Compliance with Preferential Procurement Regulation 8(1) which prescribes that only locally produced goods, service or works locally manufactured goods with a stipulated minimum threshold (as indicated in SBD 6.2) for local production and content will be considered.
Form E (including Annexure C) must be completed. Failure to complete Form U (including Annexure C) will result in tender submission being disqualified.
F.2.1.1 v) Eligibility The Form of Offer must be completed in full and signed by the duly authorized person. Failure of a Tenderer to complete and sign this part will invalidate the tender.
Letter of authorization to sign the Form of Offer and where required in tender document to be attached (See Form G).
F.2.1.1 vii) Eligibility Tampering with Document
No tampering with the document i.e. the full document with all Annexures must be printed and submitted.
No use of Tippex / correctional fluid. If any typing error occurs one must can scratch out and sign.
In the event of mistakes having been made in completing the Form of Offer and Acceptance (C1.1), the mistake must be crossed out in ink and be accompanied by an initial at each and every alteration.
If alterations are not made as stipulated, the tender as a whole will not be considered.
Corrections in terms of price must not be made by means of a correction fluid such as Tipp-Ex or similar product.
If correction fluid has been used on any specific item price, such item will not be considered. No correction fluid may be used in a Bill of Quantities where prices are calculated to arrive at a total amount. If correction fluid has been used the Tender as a whole will not be considered.
All additional documentation must be stapled into the tender document or attached in a separate file. The Department will reject the bid if the above conditions are not adhered to.
viii) a. Eligibility Separate Tax Clearance or pin must be submitted for each sub-contractor.
Where no Tax Clearance or pin is available but the bidder is registered on the central supplier database (CSD), a CSD number must be provided for each sub-contractor to verify Tax compliance.
viii) b. Eligibility Sub-contractors must be registered on the National Treasury Central Supplier Database and attach a report as proof or submit the CSD supplier number on a company letterhead.
F.2.2 Cost of Tendering:
Add the following to the clause:
“Accept that the Employer will not compensate the tenderer for any costs incurred in attending interviews in the office of the Employer or the Employer’s Agent.”
F.2.5 Reference documents
• The document “General Conditions of Contract for Construction Works", Second Edition, 2010, of the South African Institute of Civil Engineering.
This document is obtainable separately, and Tenderers shall obtain their own copies.
• The Model Preambles for Trades (1999 edition) as published by the Association of South African Quantity Surveyors. This document is obtainable separately, and Tenderers shall obtain their own copies.
• The Standard System of Measuring Building Work (as amended) published by the Association of South African Quantity Surveyors (Sixth Edition (revised)) 1999. This document is obtainable separately from the Association of Quantity Surveyors, and Tenderers shall obtain their own copies.
• The National Building Regulations and Building Standards Act No. 103 of 1997 (Government Gazette No 31084 of 30 May 2008, Notice No R574). This document is obtainable separately, and Tenderers shall obtain their own copies.
• The Standard Specifications for Building Construction (SANS 10400). This document is available separately from the South African Bureau of Standards and Tenderers shall obtain their own copies.
• The Standard Specifications for Civil Engineering Construction (SANS 1200). This document is available separately from the South African Bureau of Standards and Tenderers shall obtain their own copies.
• The Occupational Health and Safety Act No 85 and Amendment Act No 181 of 1993, and the Construction Regulations 2014. This document is
F.2.7 Clarification meeting:
The arrangements for a compulsory clarification meeting are as stated in the Tender Notice and Invitation to Tender.
Tenderers must sign the attendance list in the name of the tendering entity.
Addenda will be issued to and accepted from tenderers appearing on the attendance list.
F.2.8 Seek
clarification:
“Request clarification of the tender documents, if necessary, by notifying the Employer’s Official or the Employer’s Agent indicated in the Tender Notice and Invitation to Tender in writing at
7 (seven) working days before the closing time stated in the foregoing notice and clause 2.15.”
F.2.9 Insurance: Add the following to the clause:
“Accept that the submission of a Tender shall be construed as an acknowledgement by the Employer that he/she is satisfied with the insurance cover that the Contractor will have to effect Contract Works Insurance to be limited to the Tender amount including VAT plus 20%, and Public Liability to be limited to R 10 000 000 under the contract.
The Employer will not provide for any insurance as it will be provided for by the Contractor.
F.2.11 Alterations to documents:
Add the following to the clause:
“In the event of mistakes having been made on the prices inclusive of VAT it must be crossed out in ink at each and every price alteration on the form of offer and be accompanied by an initial.
Corrections in terms of price must not be made by means of a correction fluid such as Tipp-Ex or similar product. If correction fluid has been used on any specific item price, such item will not be considered. No correction fluid must be used in a Bill of Quantities where prices are calculated to arrive at a total amount. If correction fluid has been used the Tender as a whole will not be considered.
No tampering with the document i.e. the full document with all Annexures must be printed and submitted.
All additional documentation must be stapled into the tender document or attached in a separate file.”
The Department will reject the bid if the above conditions are not adhered to.
F.2.13 Submitting a tender offer
F.2.13.1 Each Tenderer is required to return the complete set of documents as listed in the Tender Data with all the required information supplied and completed in all respects.
F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, by writing legibly in non-erasable ink. Failure to adhere to this the bid will be disqualified.
F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data, with an English translation of any documentation in a language other than English.
F.2.13.4 Letter of authorization
Letter of authorization to sign the Form of Offer and where required in tender document to be attached (See Form G).
Add the following to the clause:
“Only duly authorised signatories must sign the original and all copies of the tender offer where required in terms of 2.13.3.
In the case of a ONE-PERSON CONCERN submitting a tender, this shall be clearly stated on the company letter head.
In case of a COMPANY submitting a tender, include a copy of a resolution by its board of directors authorising a director or other official of the company to sign the documents on behalf of the company.
In the case of a CLOSED CORPORATION submitting a tender, include a copy of a resolution by its members authorising a member or other official of the corporation to sign the documents on each member’s behalf.
In the case of a PARTNERSHIP submitting a tender, all the partners shall sign the documents, unless one partner or a group of partners has been authorised to sign on behalf of each partner, in which case proof of such an authorisation shall be included in the Tender.
In the case of a JOINT VENTURE submitting a tender, must include a resolution of each company of the Joint Venture together with a resolution by its members authorising a member of the Joint Venture to sign the documents on behalf of the Joint Venture.”
Accept that failure to submit proof of Authorisation to sign the tender shall result in a Tender Offer being regarded as non- responsive
F.2.13.5 The Employer’s address for delivery of tender offers:
Department of Agriculture, Land Reform and Rural Development 14 Long Street
CAPE TOWN 8000
Ground Floor Tender Box
F.2.13.6 A two-envelope procedure will NOT be followed.
F.2.13.9 Telephonic, telegraphic, telex, facsimile or e-mailed tender offers will not be accepted.
F.2.14 Information and Data to be completed in all respects:
Add the following to the clause:
“Accept that the Employer shall in the evaluation of tenders take due account of the Tenderer’s past performance in executing for similar works of comparable magnitude, and the degree to which he possesses the necessary technical, financial and other resources to enable him to complete the Works successfully within the contract period. Satisfy the Employer and Principal Agent as to his ability to perform and complete the Works timeously, safely and with satisfactory quality, by furnishing details in Section T2.2.
Accept that the Employer is restricted in accordance with clause 4.(4) of the Construction Regulations, 2014, to only appoint a contractor whom he is satisfied has the necessary competencies and resources to carry out the work safely.
F.2.15 Closing time: The closing date and time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender.
F.2.16 Tender offer validity:
The tender offer validity period is 90 days. Add the following to the clause:
F.2.17 Clarification of tender offer after submission
The Tenderer shall provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of arithmetical errors by the adjustment of certain rates or items prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.
F.2.18 Provide other material
The Tenderer shall provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive.
F.2.19 Inspections, tests and analysis:
The Tenderer must provide access during working hours to his premises for inspections on request.
F.2.20 Submit securities, bonds and policies:
If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data.
F.2.23 Certificates: The following certificates/ information may be provided with the tender offer:
a) Copy of Certificate of Incorporation (if tenderer is a Company), e.g.
CM1, CM29, or CM44
b) Copy of Founding Statement (if tenderer is a Closed Corporation), e.g. CK1, or CK2
c) Copy of Partnership Agreement (if t e n d e r e r is a Partnership)
d) Copy of Identity Document (if tenderer is a One-man concern) e) Copy of Deed of Trust (If a trust is involved).
In cases where the tenderer has failed to submit any of the documents above with the tender, the Department reserves the right to, at any time after the closure of the tender, but before the award of the tender, request the tenderer to provide the outstanding documents within 5 (five) working days from the date of notification.
Reference to relevant clauses in Standard Conditions of Tender
Addition or Variation to Standard Condition of Tender
F.2 TENDERER’S OBLIGATIONS ADD THE FOLLOWING NEW CLAUSES:
“2.24 Canvassing and
obtaining of additional information by
tenderers:
Accept that no Tenderer shall make any attempt, either directly or indirectly to canvass any of the Employers officials or the Employer’s agent in respect of his tender, after the opening of the tenders, but prior to the Employer arriving at a decision thereon.
No Tenderer shall make any attempt to obtain particulars of any relevant information, other than that disclosed at the opening of tenders.”
“2.26 Awards to close family members of persons in the service of the state
In order to adjudicate fairness or eligibility, the questionnaire for the declaration of interests in the tender of persons in service of state in Section T2.2.2 – Form B must be completed.”
“2.28 Tax “Submission of Proof of Tax Compliance together with the bid is compulsory.”
“Bidders should note, that in accordance with legislation, no contract may be awarded to a/an person/entity who has failed to submit a proof of being Tax compliant from the South African revenue Service (SARS), certifying that the taxes of that person/entity are in order or that suitable arrangements have been made with SARS.”
In Bids where Consortia / Joint Venture/ Sub-contractors are involved each party must submit a separate proof of Tax compliance.
Bidders are required to submit their unique personal identification number (PIN) issued by SARS to enable the organ of state to view the taxpayer’s profile and tax status.
Application for tax compliance status (TCS) or pin may also be made via e-filing. In order to use this provision, taxpayers will need to register with SARS as e-filers through the website www.sars.gov.za.
Bidders may also submit a printed TCS together with the bid.
Where no Tax Clearance or pin is available but the bidder is registered on the central supplier database (CSD), a CSD number must be provided for each sub-contractor to verify Tax compliance.
“2.29 Central Supplier Database (CSD) Registration
Bidders must register on the Central Supplier Database (CSD). Bidders must register on the central supplier database (CSD) to upload mandatory information namely:
(business registration/ directorship/ membership/identity numbers; tax compliance status; and banking information for verification purposes). Valid B-BBEE certificate or sworn affidavit for B-BBEE must be submitted to bidding institution.
“2.30 Tender Participation Goals
It is a requirement of this contract that work be executed in such a manner so as to maximise the use of local labour intensive construction methods.
Local labour target:
• 80% target is to be achieved on employment of unskilled local labour.
The contractor must submit monthly labour reports to client.
Contractors to adhere to the minimum labour rates as stipulated by the Department of Labour. Contractors to ensure that Section T2.2.22 - Form V, must be completed.
In case where the contractor has not completed the form at close of tender, client must request the contractor to complete the form, failure by the contractor to conform to client’s request will be seen as being non-compliance.
Conditions of Tender
F.3 THE EMPLOYER’S UNDERTAKINGS F2.31 Local Content
Declaration
Preferential Procurement Regulations, 2017 (Regulation 8) makes provision for the promotion of local production and content.
Regulation 8. (1) prescribes that where in the award of bids local production and content is of critical importance, such bids must be advertised with the specific bidding condition that only locally produced goods, services or works or locally manufactured goods, with a stipulated minimum threshold for local production and content will be considered. (as indicated in SBD 6.2 – Section T2.2.5 Form E).
F.2.32 B-BBEE Status Level of
Contribution
A consortium or joint venture will qualify for points for its B-BBEE status level only if such consortium or joint venture submits a consolidated B-BBEE status certificate that covers the consortium or joint venture as a combined unit as if it were a single enterprise. Tenderers anticipating tendering in consortium or joint venture must allow enough time for obtaining such status level verification.
F.3 THE EMPLOYER’S UNDERTAKINGS; ADDITION OR VARIATION TO STANDARD CONDITION OF TENDER
F.3.1 Respond to requests from the Tenderer:
Replace the contents of the clause with the following:
“Respond to a request for clarification received up to five (5) working days before the tender closing time stated in the tender data and notify all Tenderers who drew procurement documents”
F.3.2 Issue Addenda:
If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until five (5) working days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and shall then notify all tenderers who drew documents.
F.3.3 Return late tender offers
Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned.
F.3.4 Opening of tender submissions:
The closing date and time for receipt of tenders is:
14 December 2021 at 11h00
Tenders will be received on the closing date and time shown, must be enclosed in a sealed envelope bearing the applicable tender heading and contract number, as well as the closing time and due date, and must be addressed to the:
DIRECTOR: Finance and Supply Chain Management Services:
Department of Agriculture Land Reform and Rural Development 14 Long Street
CAPE TOWN 8000
Tenders must be submitted in the Ground Floor Tender Box situated in CAPE TOWN.
Only tenders submitted to this tender box will be opened in the presence of tenderers’
agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened.
F.3.9 Arithmetic Errors
Delete the contents of Subclauses F.3.9.1 to F.3.9.2 and replace with the following:
For a Re-measurement Contract, all the arithmetical errors, omissions and discrepancies of all responsive tenders, and not only the highest ranked tender, will first be corrected before deciding on the lowest tender. Once the lowest tender has
been decided upon, the next step is to ensure that the unit rates tendered are balanced. If there are imbalanced rates, these should be adjusted by the tenderer keeping the Contract Sum the same.
F.3.9 1 Check responsive tenders for:
(a) the gross misplacement of the decimal point in any unit rate;
(b) omissions, discrepancies and imbalanced tendered unit rates made or included in completing the Bill of Quantities, or
(c) arithmetical errors in:
(i) line item totals resulting from the product of the unit rate and the quantity in the Bill of Quantities, or
(ii) the summation of the prices.
F3.9.2 The Employer must correct the arithmetical errors in the following manner:
(a) Where there is a discrepancy between the amounts in words and the amounts in figures, the amount in figures shall govern.
(b) If a Re-measurement Contract’s Bill of Quantities applies and there is an error in the line item total resulting from the product of the unit rate and the quantity, the unit rate as quoted shall govern and the line item total shall be corrected.
(c) Where there is an obvious gross misplacement of the decimal point in the unit rate, the line item total shall govern and the unit rate shall be corrected.
(d) Where there is an error in the total of the prices either as a result of corrections required by this checking process or in the tenderer’s addition of prices, the total of prices will be corrected.
The corrected tender price shall be communicated to the tenderer. The tenderer may withdraw the tender but may not change the total tendered price. Reject the tender if the tenderer does not accept the corrected total of the prices, if any.
F.3.9.3 Where unit rates are considered to be imbalanced by the Employer, the tenderer shall, to the satisfaction of the Employer (refer to clause F4.3):
(a) justify such unit rates, or
(b) adjust such unit rates by increasing or decreasing these unit rates and selected other rates while retaining the total tender price derived after applying the above-mentioned arithmetical corrections, if any.
Declare as non-responsive and reject a tender offer if the tenderer elects not to justify or adjust imbalanced tendered unit rates to the satisfaction of the Employer or does not correct or accept the correction of arithmetical errors.
F3.9.2 Arithmetic Errors
Should there be a discrepancy between the amount in words and the amount in figures then the amount in figures shall govern.
F.3.11 Evaluation of Tenders
The tender evaluation method to evaluate all responsive tender offers will be Method 2.
F.3.11.1 General Add the following:
“Tenderers will be evaluated as per the Preferential Procurement Regulation 8(1) which prescribes that only locally produced goods, service or works locally manufactured goods with a stipulated minimum threshold (as indicated in SBD 6.2) for local production and content will be considered.
LOCAL CONTENT AND MINIMUM THRESHOLD:
Description of services, works or goods
Stipulated minimum threshold Steel Value-added Products:
• Wire products and fabricated steel 100%
Cement Sector
• Cement 100%
preference in terms of the Preferential Procurement Policy Framework act (PPPFA) (Act 5 of 2000) and Preferential Procurement Regulations, 2017 See item T2.2.2, Form B for the Preference model.
The financial offer will be scored in terms of formula 2, option 1 of the Standard Conditions of Tender (Section T1.3 of the document).
Functionality will be scored on those tenders regarded as being responsive.
NB: Points scored for Functionality will not have an influence on the total tender evaluation points. Method 2 (i.e. financial offer and preferences) will be used to calculate the total tender evaluation points.
F.3.11.8 Bidders are required to submit proof of B-BBEE Status Level of contributor or a sworn affidavit in terms of the codes of good practice.
- AOs / AAs (Accounting Officer / Accounting Authority) must ensure that the B- BBEE Status Level Verification Certificates submitted are issued by the following agencies:
For tenderers other than EMEs (Exempted Micro Enterprises)
(i) Verification agencies accredited by SANAS; or For tenderers who qualify as EMEs
(ii) Sworn affidavit signed by the EME representative and attested by a Commissioner of oaths.
Except for EMEs and QSEs who are required to submit sworn affidavit in terms of Codes of good practice. Institutions must acquaint themselves with proof of BBBEE as may be issued by the DTI from time to time.
F.3.11.9 Scoring functionality
Replace Clause with the following:
“The functionality criterion to be applied is set out below:
Minimum score for quality
In order to be considered in terms of this tender, tenderers must achieve the minimum score for quality as stated below. The description of the quality criteria and the maximum possible score for each is shown in the table below. The score achieved for quality will be the sum of the scores achieved for the individual criteria.
The proposal will be evaluated individually on score sheets, by a representative evaluation panel according to the evaluation criteria indicated above. All service providers who scored less than 60 out of 100 points for functionality will not be considered further.
Each of the evaluation criteria will be assessed in terms of five indicators being 0= Very poor, 1 = Poor, 2 = Average, 3 = Good, 4 = Very good and 5 = Excellent.
Calculate the points for functionality according to the following formula.
PS= So/Ms X Ap & Fs= PS X W
Where
Ps = Percentage scored for functionality by bid under consideration So = Total score of bid/proposal under consideration
Ms = Maximum possible score = 500
Ap = percentage allocated for functionality = 100 Fs = Functionality points scored for each criterion W = Weight of criterion under consideration
Fs= Fs1 + Fs2 +Fs3
The scores of each of the evaluators will then be averaged, weighted and then totalled to obtain the final score for quality.
NB: Points scored for Functionality will not have an influence on the total tender evaluation points. Method 2 (i.e. financial offer and preferences) will be used to calculate the total tender evaluation points.
Criterion Weight Value Comment/
Remarks Capacity / Technical Expertise
Tenderers are required to demonstrate that they have the necessary resources and technical expertise to undertake and successfully complete the project.
Tenderers are required to submit curriculum vitae for the key personnel proposed to be employed on the project with relevant similar completed projects listed. Refer to Section T2.2.14, FORM N, for the key personnel proposed to be employed on the project (failure to complete Form N or to submit the CVs of key personnel with list of completed projects will result in no points for functionality being allocated).
This curriculum vitae is to include specific details of these individuals including, inter alia, technical qualifications and past experience on projects.
Tenderer to also include previous company experience for similar successfully completed fencing projects within the last ten (10) years
This evaluation is based on the following weighting:
A – Construction Manager/Site Agent 60
If the person has successfully completed fencing projects within the last ten (10) years. (Evidence to be provided in Form N of returnable schedules).
Criteria (experience) Indicator 5 projects and more 5
4 projects 4
3 projects 3
2 projects 2
1 project 1
0 projects 0
B - Experience 40
Tenderers are required to demonstrate relevant past experience and competency. Tenderers are required to submit full details of, and reliable contactable references for, projects of a similar scope which were successfully completed in the last ten (10) years.
We are looking for experience in successfully completed fencing projects within the last ten (10) year. (Evidence to be provided in Form L of returnable schedules).
4 projects 4
3 projects 3
2 projects 2
1 project 1
0 projects 0
TOTAL 100
The proposal will be evaluated individually on score sheets, by a representative evaluation panel according to the evaluation criteria indicated above. All service providers who scored less than 60 out of 100 points for functionality will not be considered further.
NB: Points scored for Functionality will not have an influence on the total tender evaluation points. Method 2 (i.e. financial offer and preferences) will be used to calculate the total tender evaluation points.
THISEVALUATIONISBASEDONTHEFOLLOWINGWEIGHTING:
Tenderers are required to demonstrate relevant past experience and competency.
Tenderers are required to submit full details of, and reliable contactable references for, fencing projects which were successfully completed within the last 10 years.
Very Poor (score 0) The tenderer has failed to address the question and has not provided any proof of completing a fencing project.
Poor (score 1) One (1) relevant fencing project successfully executed by the contractor or Construction Manager/Site Agent within the last 10 years.
Average (score 2) Two (2) relevant fencing projects successfully executed by the contractor or Construction Manager/Site Agent within the last 10 years.
Good (score 3) Three (3) relevant fencing projects successfully executed by the contractor or Construction Manager/Site Agent within the last 10 years.
Very Good (score 4) Four (4) relevant fencing projects successfully executed by the contractor or Construction Manager/Site Agent within the last 10 years.
Excellent (score 5) Five (5) relevant fencing projects successfully executed by the contractor or Construction Manager/Site Agent within the last 10 years
clauses in Standard Conditions of Tender
F.3.11.10 Risk Analysis “Add the following new subclause:”
Notwithstanding compliance with regard to CIDB registration or any other requirements of the tender, the employer will perform a risk analysis in respect of the following:
a) reasonableness of the financial offer b) reasonableness of unit rates and prices
c) reasonableness of the Contract Participation Goals tendered
d) the tenderers ability to fulfil its obligations in terms of the tender document, that is, that the tenderer can demonstrate that he/she possesses the necessary professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience, reputation, personnel to perform the contract, etc.
F.3.12 Insurance provided by the Employer
Replace the contents of the clause with the following: “The Employer will not take out any insurance.”
F.3.13 Acceptance of tender offer:
A Tender Offer will only be accepted on condition that such acceptance is not prohibited in terms of Clause 44 of the Supply Chain Management Regulations published in terms of the Public Finance Management Act, 2003.
F.3.17 Provide copies of the contract
One signed copy of the contract shall be provided by the Employer to the successful Tenderer.
F.4.1 Compliance with Occupational Health and Safety Act 1993
Tenderers are to note the requirements of the Occupational Health and Safety Act No. 85 of 1993 and the Construction Regulations 2014 issued in terms of Section 43 of the Act. The Tenderer shall be deemed to have read and fully understood the requirements of the above Act and Regulations and to have allowed for all costs in compliance therewith.
In this regard the Contractor shall submit, a detailed Health and Safety Plan in respect of the Works in order to demonstrate the necessary competencies and resources to perform t he construction work all in accordance with the Act and Regulations. Such Health and Safety Plan shall cover inter-alia the following details:
(1) Management Structure, Site Supervision and Responsible Persons including a succession plan.
(2) Contractor’s induction training programme for Employees, Sub-contractors and Visitors to the Site.
(3) Health and safety precautions and procedures to be adhered to in order to ensure compliance with the Act, Regulations and Safety Specifications.
(4) Regular monitoring procedures to be performed.
(5) Regular liaison, consultation and review meetings with all parties.
(6) Site security, welfare facilities and first aid.
(7) Site rules and fire and emergency procedures.
Tenderers are to note that the Contractor is required to ensure that all Sub-contractors or others engaged in the performance of the Contract also comply with the above requirements.
The Contractor shall prepare and maintain a Health and Safety File in respect of the project, which shall be available for inspection on Site at all times and handed over to the Employer on Final Completion of the project.
The Contractor is required to submit to the Employer the Occupational Health and Safety Agreement (included in Section C1.3.2 of the Contract Document) and a letter of good standing from the Compensation Commissioner, or a licensed compensation insurer, within 14 days after the Commencement Date of the Contract.
F.4.2 Community Liaison Officer
It is a requirement of the Contract that a Community Liaison Officer (CLO) be appointed by the Contractor. The primary functions of the CLO shall be to assist the Contractor with the selection and recruitment of targeted labour, to represent the local community in matters concerning the use of targeted labour (and/or enterprises) on the works, and to assist with and facilitate communication between the Contractor, the Principal Agent and the local communities.
The method of identifying suitable candidates for the position of CLO, as well as requirements in respect of the employment of the selected candidate, is described in Procurement: Section C3.3.4.
CIDB STANDARD CONDITIONS OF TENDER
SECTION T1.2.1: CIDB STANDARD CONDITIONS OF TENDER
As published in Annex F of the CIDB Standard for Uniformity in Construction Procurement in Board Notice 136 Government Gazette No 38960 of 10 July 2015.
TABLE OF CONTENTS
F.1 GENERAL ... 27Error! Bookmark not defined.
F.1.1 ACTIONS ... 277 F.1.2 TENDER DOCUMENTS ... 27 F.1.3 INTERPRETATION ... 277 F.1.4 COMMUNICATION AND EMPLOYER’S AGENT ... 28 F.1.5 THE EMPLOYER’S RIGHT TO ACCEPT OR REJECT ANY TENDER OFFER ... ERROR!BOOKMARK NOT DEFINED.28
F.1.6 PROCUREMENT PROCEDURES ... 28
F.2 TENDERER’S OBLIGATIONS ... 29
F.2.1 ELIGIBILITY ... 29 F.2.2 COST OF TENDERING ... 29 F.2.3 CHECK DOCUMENTS ... 30 F.2.4 CONFIDENTIALITY AND COPYRIGHT OF DOCUMENTS ... 30 F.2.5 REFERENCE DOCUMENTS ... 30 F.2.6 ACKNOWLEDGE ADDENDA ... 30 F.2.7 CLARIFICATION MEETING ... 30 F.2.8 SEEK CLARIFICATION ... 30 F.2.9 INSURANCE ... 30 F.2.10 PRICING THE TENDER OFFER ... 30 F.2.11 ALTERATIONS TO DOCUMENTS ... 31 F.2.12 ALTERNATIVE TENDER OFFERS ... 31 F.2.13 SUBMITTING A TENDER OFFER ... 31 F.2.14 INFORMATION AND DATA TO BE COMPLETED IN ALL RESPECTS ... 32 F.2.15 CLOSING TIME ... 32 F.2.16 TENDER OFFER VALIDITY ... 32 F.2.17 CLARIFICATION OF TENDER OFFER AFTER SUBMISSION ... 32 F.2.18 PROVIDE OTHER MATERIAL... 32 F.2.19 INSPECTIONS, TESTS AND ANALYSIS ... 33 F.2.20 SUBMIT SECURITIES, BONDS, POLICIES, ETC. ... 33 F.2.21 CHECK FINAL DRAFT ... 33 F.2.22 RETURN OF OTHER TENDER DOCUMENTS ... 33 F.2.23 CERTIFICATES ... 33
F.3 THE EMPLOYER’S UNDERTAKINGS ... 333
F.3.1 RESPOND TO REQUESTS FROM THE TENDERER ... 333 F.3.2 ISSUE ADDENDA ... 34 F.3.3 RETURN LATE TENDER OFFERS ... 34 F.3.4 OPENING OF TENDER SUBMISSIONS ... 34 F.3.5 TWO-ENVELOPE SYSTEM... 34 F.3.6 NON-DISCLOSURE ... 34 F.3.7 GROUNDS FOR REJECTION AND DISQUALIFICATION ... 34 F.3.8 TEST FOR RESPONSIVENESS ... 35 F.3.9 ARITHMETICAL ERRORS, OMISSIONS AND DISCREPANCIES ... 35 F.3.10 CLARIFICATION OF A TENDER OFFER ... 36 F.3.11 EVALUATION OF TENDER OFFERS ... 36 F.3.12 INSURANCE PROVIDED BY THE EMPLOYER ... 39 F.3.13 ACCEPTANCE OF TENDER OFFER ... 39
F.3.17 PROVIDE COPIES OF THE CONTRACTS ... 40 F.3.18 PROVIDE WRITTEN REASONS FOR ACTIONS TAKEN ... 40
F.1 GENERAL
F.1.1 Actions
F.1.1.1 The Employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices.
F.1.1.2 The Employer and the tenderer and all their agents and employees involved in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the Employer shall declare any conflict of interest to whomever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate.
Note:
1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result.
2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken.
F.1.1.3 The Employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed with the contract.
F.1.2 Tender Documents
The documents issued by the Employer for the purpose of a tender offer are listed in the tender data.
F.1.3 Interpretation
F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender.
F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.
F.1.3.3 For the purposes of these conditions of tender, the following definitions apply:
a) conflict of interest means any situation in which:
i) someone in a position of trust has competing professional or personal interests which make it difficult to fulfill his or her duties impartially.
ii) an individual or organisation is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit.
iii) incompatibility or contradictory interests exist between an employee and the organisation which employs that employee.
comparative basis.
c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the Employer or his staff or agents in the tender process.
d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the Employer, including collusive practices intended to establish prices at artificial levels.
e) organisation means a company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body.
f) quality (functionality) means the measurement according to the predetermined norms of a service or commodity designed to be practical and useful, working or operating, taking into account quality, reliability, viability and durability of a service and technical capacity and ability of a tenderer.
F.1.4 Communication and Employer’s agent
Each communication between the Employer and a tenderer shall be to or from the Employer's agent only, and in a form that can be readily read, copied and recorded.
Communications shall be in the English language. The Employer shall not take any responsibility for non-receipt of communications from or by a tenderer. The name and contact details of the Employer’s agent are stated in the tender data.
F.1.5 Cancellation and Re-Invitation of Tenders
F.1.5.1 An organ of state may, prior to the award of the tender, cancel a tender if-
a) due to changed circumstances, there is no longer a need for the services, works or goods requested; or
b) funds are no longer available to cover the total envisaged expenditure; or c) no acceptable tenders are received.
F.1.5.2 The decision to cancel a tender must be published in the cidb website and in the government Tender Bulletin for the media in which the original tender invitation was advertised.
F.1.6 Procurement procedures
F.1.6.1 General
Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders.
F.1.6.2 Competitive negotiation procedure
F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of F.3.4, the Employer shall announce only the names of the tenderers who make a submission.
The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply.
